of July 18, 2004 No. 305-Z
About notariate and notarial activities
It is accepted by the House of Representatives on June 22, 2004
Approved by Council of the Republic on June 30, 2004
This Law determines legal, organizational, social and economic basis of activities of notariate, task and the principles of notarial activities in the Republic of Belarus, and also governs the relations in the field of implementation of notarial activities.
1. The notariate in the Republic of Belarus is designed to provide protection of the rights and legitimate interests of physical persons, including individual entrepreneurs (further, unless otherwise specified, - citizens), and legal entities, state interests by making on behalf of the Republic of Belarus of notarial actions by persons specified in Item 2 of this Article.
2. The notariate in the Republic of Belarus includes notaries, authorized officers of local executive and administrative organs (further, unless otherwise specified, - authorized officers), diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus (further, unless otherwise specified, - officials of foreign institutions).
1. The legal basis of activities of notariate is constituted by the Constitution of the Republic of Belarus, this Law and other acts of the legislation, and also the international agreements of the Republic of Belarus.
2. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law are applied rules of the international treaty.
1. Are understood making on behalf of the Republic of Belarus as notarial activities by notaries, authorized officers, officials of foreign institutions of the notarial actions provided by this Law and other legal acts, international treaties of the Republic of Belarus and also rendering legal and technical nature by notaries of services.
2. Notarial activities are not business activity.
Tasks of notarial activities are:
ensuring protection of the rights and legitimate interests of citizens and legal entities, state interests by making of notarial actions;
the notarial certificate of transactions, the indisputable rights and facts for the purpose of giving to them of legal reliability and ensuring stability of civil circulation;
rendering legal aid according to the procedure, established by the legislation;
forming of respect for the law.
The state guarantees ensuring notarial activities in the Republic of Belarus:
withdrawal of the documents formed when implementing notarial activities, except as specified, established by legal acts is forbidden;
state bodies, other state organizations shall taking into account requirements of this Law represent at the request of notaries the data and (or) documents necessary for making of notarial actions which are available for them.
Notarial activities in the Republic of Belarus are based on the principles of legality, impartiality, independence, providing notarial secret.
1. Notaries, authorized officers when implementing notarial activities are guided by the Constitution of the Republic of Belarus, this Law and other acts of the legislation, and also international treaties of the Republic of Belarus.
2. Notaries, authorized officers shall refuse to citizens and legal entities making of notarial action in cases, stipulated in Item 1 article 71 of this Law.
1. Notarial activities are performed on equal terms for all citizens irrespective of floor, race, nationality, origin, property and official capacity, the relation to religion, political and other convictions, belonging to public associations, other circumstances, and for legal entities - irrespective of pattern of ownership, subordination, form of business, other circumstances.
2. Notaries, authorized officers have no right to make notarial actions which results are of valuable or other private interest to them.
Notaries, authorized officers have no right to make notarial actions on the name and on its own behalf, addressed to and on behalf of the spouse (spouse), his (her) and relatives (parents, adoptive parents (adopters), children including adopted (adopted) of brothers and sisters, the grandfather, the grandma, grandsons).
Notaries have no right to make notarial actions also addressed to and on behalf of notaries and employees of the relevant notary office, notarial bureau.
Authorized officers have no right to make notarial actions also addressed to and on behalf of the relevant local executive and administrative organ and employees of this body.
3. In the cases specified in Item 2 of this Article, notarial actions are made by the notary of other notary office, notarial bureau or the authorized officer of other local executive and administrative organ.
In case according to this Law notarial action be made by certain notary, the place of making of notarial action is determined by head department of justice regional (The Minsk city) executive committee (further - head department of justice) in coordination with regional (Minsk city) notarial chamber (further - territorial notarial chamber).
In case according to this Law notarial action be made by certain authorized officer, the place of making of notarial action is determined by head department of justice.
1. In the activities notaries, authorized officers are independent and submit only to requirements of the legislation.
2. Illegal impact on notaries, authorized officers in case of execution of the obligations assigned to them by them are not allowed and attracts the responsibility established by legal acts.
1. The notarial secret is data on committed notarial action, and also other data received during the making of notarial action or the address to the notary or the other person specified in Item 2 of article 1 of this Law, the interested person, including on its personal non-property and (or) property rights and obligations. The notarial secret is the secret protected by the law.
The data posted on the official site of the Belarusian notarial chamber on the global computer Internet are not notarial secret:
about the power of attorney (surname, own name, middle name (if that is available) the citizen or the name of the legal entity, issued the power of attorney, date of the certificate of the power of attorney, surname, own name, middle name (if that is available) the notary, the official of foreign institution who certified the power of attorney, sequence number in the register for registration of notarial actions, date of cancellation of the power of attorney (if the power of attorney is repealed));
about opening of heritable case (surname, own name, middle name (if that is available) the testator and date of his death, surname, own name, middle name (if that is available) the notary processing heritable case).
2. If other is not established by this Law, the data which are notarial secret, and also containing them documents are issued only to citizens and legal entities, from name, addressed to, according to the order or concerning which notarial action, and also to legal successors of these legal entities is made.
3. The data which are notarial secret, and also containing them documents are issued according to the written requirement or the requirement which is drawn up in the form of the electronic document:
3.1. judges on the cases which are available in their production;
3.2. bodies of forced execution according to the court decrees and other executive documents which are in production of legal executives, and regarding the data which are born in executive text - after its presentation by the claimant to forced execution;
3.3. prosecutors and deputy prosecutors;
3.4. criminal prosecution authorities on the materials and criminal cases which are in their production. Documents on committed notarial action are issued to criminal prosecution authorities on being in their production to criminal cases according to the procedure provided by the Code of penal procedure of the Republic of Belarus for carrying out seizure of documents;
3.5. bodies of the State Control Committee;
3.6. customs authorities on the cases on administrative customs offenses which are available in their production;
3.7. tax authorities on performed by them;
3.7-1. the bodies performing operational search activities in connection with implementation of such activities;
3.8. other state bodies (officials) in the cases provided by this Law and other legal acts;
3.9. The Belarusian bureau on transportation insurance, the state insurance companies and (or) insurance companies in which authorized capitals more than 50 percent of shares (common (ordinary) or other voting shares) are in property of the Republic of Belarus and (or) its administrative and territorial units, for the solution of question of purpose of insurance payment;
3.10. lawyers due to the need of creation of documents of legal nature by preparation for legal proceedings in case of the presentation of the certificate of the lawyer and the power of attorney which is drawn up according to the procedure, established by the legislation or orders;
3.11. registrars republican or the territorial organizations for state registration of real estate, the rights to it and transactions with it for the certificate of the documents which are the basis for state registration of real estate transaction, and also for entering of corrections into documents of the single state register of real estate, the rights to it and transactions with it according to subitem 1.3 of Item 1 of article 28 of the Law of the Republic of Belarus of July 22, 2002 No. 133-Z "About state registration of real estate, the rights to it and transactions with it", except for documents which according to the legislation are submitted only by interested persons.
The data requested according to part one of this Item which are notarial secret and also containing them documents are issued to state bodies, other organizations and officials upon the demand of whom they are requested.
4. Data on the will during lifetime of the testator are issued to the testator, and after his death – to persons and bodies specified in Items 2 and 3 of this Article and also the spouse (spouse), parents, adoptive parents (adopters), children including adopted (adopted) to brothers and sisters, the grandfather, the grandma, the testator's grandsons.
5. The data which are bank secrecy, received from banks and the non-bank credit and financial organizations when taking measures to protection of inheritance, the notary can tell only the testamentary executor and heirs.
5-1. The notaries and other persons specified in Item 2 of article 1 of this Law shall observe notarial secret.
Issue of the data which are notarial secret, and containing them documents in the cases provided by this Article, and also provision of the specified data and (or) documents in the cases provided by this Law and other legal acts are not disclosure of notarial secret.
6. Requirements about observance of notarial secret extend also to persons who lost the status of the notary and persons to whom the data which are notarial secret became known in connection with execution by these persons of service duties, and also to the trainee of the notary (further – the trainee), including after dismissal (dismissal).
7. Person guilty of disclosure of notarial secret bears the responsibility established by legal acts.
1. The notarial document is the document formed as a result of making by the notary or the other person specified in Item 2 of article 1 of this Law, notarial action, record about which making is entered in the register for registration of notarial actions.
2. Certified by the notary or the other person specified in Item 2 of article 1 of this Law the notarial documents issued by the notary or the other person specified in Item 2 of article 1 of this Law, notarial certificates and duplicates of such documents of certificates are notarial acts.
Notarial acts are not:
the notarial documents which are not specified in parts one of this Item, and duplicates of such documents;
the form of external submission of the electronic paper document certified by the notary;
the certificate on establishment concerning the debtor or the claimant on executive text of the fact of legal succession, change of the name of the legal entity, change of surname, own name and (or) middle name of the citizen and the duplicate of such certificate.
3. The notarial act is legal and reliable confirmation of the rights, obligations and facts having legal value, certified in this notarial act. Contents of the notarial act are considered true, until proved otherwise.
1. The citizen of the Republic of Belarus having the higher legal education and the length of service on legal specialty at least three years which passed in the cases established by this Law, professional training as the trainee, the passed qualification examination received the certificate on implementation of notarial activities (further – the certificate) meeting other requirements of the legislation can be the notary.
2. Organizational forms of implementation by notaries of notarial activities are notary offices and notarial bureaus.
3. The extreme number of notaries in the Republic of Belarus, and also the number of the notaries performing notarial activities in notarial bureaus are determined by Council of Ministers of the Republic of Belarus.
The number of notaries for notarial districts is established by the Ministry of Justice taking into account offers of the Belarusian notarial chamber proceeding from the extreme number of notaries, and also from the number of the notaries performing notarial activities in the notarial bureaus determined according to the procedure, established by part one of this Item.
1. In settlements in which there are no notary offices or notarial bureaus notarial actions make authorized officers.
2. According to the decision of local executive and administrative organ making of notarial actions is assigned to the head, his deputy or the member of local executive and administrative organ.
1. Notarial actions outside the Republic of Belarus are made by diplomatic agents of diplomatic representations of the Republic of Belarus in case of accomplishment of consular functions by diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus.
2. Notarial activities of officials of foreign institutions are based on the principles specified in article 5 of this Law taking into account the features provided by the legal acts regulating activities of diplomatic representations and consular establishments of the Republic of Belarus (further - foreign institutions).
3. The procedure of notarial activities by officials of foreign institutions in the part which is not settled by this Law is determined by the acts of the legislation regulating activities of foreign institutions.
1. The place of implementation of notarial activities by notaries are premises of notary offices, notarial bureaus.
In notary offices, notarial bureaus all necessary conditions for proper notarial servicing of citizens and legal entities, observance of notarial secret, and also ensuring safety of the documents formed as a result of activities of notaries before transfer of such documents for storage in notarial archive shall be created.
In premises of notary office, notarial bureau the open entry for citizens and representatives of legal entities on acceptance to the notary shall be provided.
Data on the location of notary offices, notarial bureaus, time of acceptance of notaries are posted on the official site of the Belarusian notarial chamber on the global computer Internet.
2. The place of implementation of notarial activities by authorized officers are premises of local executive and administrative organs.
3. Implementation of notarial activities can be made out of premises of notary office, notarial bureau, local executive and administrative organ according to the procedure, established by the Ministry of Justice:
at the request of person about departure of the notary, authorized officer;
in case of departure of the notary to agrotowns, and also to other settlements in the cases determined by the Ministry of Justice.
4. The place of implementation of notarial activities by officials of foreign institutions is established by the legislation regulating activities of foreign institutions.
1. The notary office is formed abolished) according to the decision of the relevant territorial notarial chamber in coordination with head department of justice.
The notary office is not legal entity.
2. The notary office can perform notarial activities of one and more notaries.
3. If in notary office two and more notaries perform notarial activities, organizational administrative functions are performed by the manager of notary office determined by the relevant territorial notarial chamber in coordination with head department of justice from among notaries of notary office. Release of the notary from obligations of the manager of notary office is made by the relevant territorial notarial chamber in coordination with head department of justice.
In case of temporary absence of the manager of notary office (leave, temporary disability and another) duties of the manager of notary office are fulfilled by the notary determined by the relevant territorial notarial chamber performing notarial activities in the same notary office. Approval of head department of justice in this case is not required.
The manager of notary office has the right to make all notarial actions as the notary.
1. The notary performing notarial activities in notary office more than three years having the right to form notarial bureau in the respective notarial district.
For formation of notarial bureau the notary submits to board of the Belarusian notarial chamber the written application with indication of the expected location of notarial bureau.
The board of the Belarusian notarial chamber within three months from the date of receipt of the statement specified in part two of this Item makes the decision on approval of formation of notarial bureau or on refusal in such approval.
Acceptance by board of the Belarusian notarial chamber of the decision on approval of formation of notarial bureau requires approval of head department of justice.
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